Correspondence 0001104659-23-033714 from APPLIED OPTOELECTRONICS, INC. (AAOI) (CIK 0001158114) (AAOI)
APPLIED OPTOELECTRONICS, INC. (AAOI) (CIK 0001158114)
Date: March 17, 2023 · CIK: 0001158114 · Accession: 0001104659-23-033714
AI Filing Summary & Sentiment
File numbers found in text: 333-269132
Letter
VIA EDGAR Securities and Exchange Commission Division of Corporation Finance Registration Statement on Form S-3 File No. 333-269132 (the “Registration Statement”) Request for Acceleration
Re: Applied Optoelectronics, Inc.
Dear Ms. Donahue:
Pursuant to Rule 461 promulgated under the Securities Act of 1933, as amended, Applied Optoelectronics, Inc. (the “Company”) hereby respectfully requests acceleration of the effective date of the Registration Statement so that it may become effective at 10:00 a.m., Central Daylight Time, on March 21, 2023, or as soon thereafter as practicable.
In connection with the Company’s request for acceleration of the effective date of the Registration Statement, the Company acknowledges the following:
● should the Securities and Exchange Commission (the “Commission”) or the staff, acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with respect to the filing;
● the action of the Commission or the staff, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the Company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and
● the Company may not assert staff comments and the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.
The Company acknowledges its responsibilities under the Securities Act of 1933 and the Securities Exchange Act of 1934 as they relate to the proposed public offering of the securities specified in the Registration Statement.
Should any member of the staff of the Commission have any questions or comments with respect to this request, please contact our outside counsel, Haynes and Boone, LLP, attention: Frank Wu, Esq. at (713) 547-2572.
U.S. Securities and Exchange Commission
March 17, 2023
Page 2
Very truly yours,
Applied Optoelectronics, Inc.
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CORRESP
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filename1.htm
March 17, 2023
VIA EDGAR
Securities and Exchange Commission
Division of Corporation Finance
100 F Street, NE
Washington, D.C. 20549
Attn: Erin Donahue
Re: Applied
Optoelectronics, Inc.
Registration Statement on Form S-3
File No. 333-269132 (the “Registration
Statement”)
Request for Acceleration
Dear Ms. Donahue:
Pursuant to Rule 461
promulgated under the Securities Act of 1933, as amended, Applied Optoelectronics, Inc. (the “Company”)
hereby respectfully requests acceleration of the effective date of the Registration Statement so that it may become effective at 10:00
a.m., Central Daylight Time, on March 21, 2023, or as soon thereafter as practicable.
In connection with the Company’s
request for acceleration of the effective date of the Registration Statement, the Company acknowledges the following:
● should the Securities and Exchange Commission (the “Commission”) or the staff,
acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with
respect to the filing;
● the action of the Commission or the staff, acting pursuant to delegated authority, in declaring the filing
effective, does not relieve the Company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and
● the Company may not assert staff comments and the declaration of effectiveness as a defense in any proceeding
initiated by the Commission or any person under the federal securities laws of the United States.
The Company acknowledges its
responsibilities under the Securities Act of 1933 and the Securities Exchange Act of 1934 as they relate to the proposed public offering
of the securities specified in the Registration Statement.
Should any member of the staff
of the Commission have any questions or comments with respect to this request, please contact our outside counsel, Haynes and Boone, LLP,
attention: Frank Wu, Esq. at (713) 547-2572.
U.S. Securities and Exchange Commission
March 17, 2023
Page 2
Very truly yours,
Applied Optoelectronics, Inc.
By:
/s/ David Kuo
David Kuo
Vice President, General Counsel and Corporate Secretary